55290 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Rules and Regulations 

(A) Wisconsin Administrative Code 

§ NR 400: Air Pollution Control 

Definitions, Section 2: Definitions, 

Subsection 162: ‘‘Volatile organic 

compound,’’ and § NR 424: Control of 

Organic Compound Emissions from 

Process Lines, Section 5: Yeast 

Manufacturing, Subsection 2: Emission 

Limitations, and Subsection 5: Test 

Methods and Procedures. The 

regulations were effective on January 1, 

2006. 

[FR Doc. 06–8113 Filed 9–21–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA-HQ-OPP-2006-0773; FRL–8093–3] 

Fenamidone; Pesticide Tolerance for 

Emergency Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited tolerance for residues of 

fenamidone in or on carrots. This action 

is in response to EPA’s granting of an 

emergency exemption under section 18 

of the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA) 

authorizing use of the pesticide on 

carrots. This regulation establishes a 

maximum permissible level for residues 

of fenamidone in this food commodity. 

The tolerance expires and is revoked on 

December 31, 2009. 

DATES: This regulation is effective 

September 22, 2006. Objections and 

requests for hearings must be received 

on or before November 21, 2006, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA-HQOPP-2006-0773. All documents in the 

docket are listed on the regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S-4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive Arlington, VA. The hours 

of operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket telephone number 

is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Conrath, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 

(703) 308-9356; e-mail address: 

conrath.andrea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of the FFDCA, as 

amended by the FQPA, any person may 

file an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. The EPA 

procedural regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA-HQOPP-2006-0773 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before November 21, 2006. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA-HQ-OPP-2006-0773, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S-4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive, Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket telephone number is (703) 305- 

5805. 

II. Background and Statutory Findings 

EPA, on its own initiative, in 

accordance with sections 408(e) and 408 

(l)(6) of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

is establishing a time-limited tolerance 

for residues of the fungicide 

fenamidone, (4H-imidazol-4-one, 3,5- 

dihydro-5-methyl-2-(methylthio)-5- 

phenyl-3-(phenylamino), (S)-), in or on 

carrot at 0.20 parts per million (ppm). 

This tolerance expires and is revoked on 


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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Rules and Regulations 55291 

December 31, 2009. EPA will publish a 

document in the Federal Register to 

remove the revoked tolerance from the 

Code of Federal Regulations (CFR). 

Section 408(l)(6) of the FFDCA 

requires EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under section 18 of FIFRA. Such 

tolerances can be established without 

providing notice or period for public 

comment. EPA does not intend for its 

actions on section 18 related tolerances 

to set binding precedents for the 

application of section 408 of the FFDCA 

and the new safety standard to other 

tolerances and exemptions. Section 

408(e) of the FFDCA allows EPA to 

establish a tolerance or an exemption 

from the requirement of a tolerance on 

its own initiative, i.e., without having 

received any petition from an outside 

party. 

Section 408(b)(2)(A)(i) of the FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’

Section 408(b)(2)(A)(ii) of the FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of the FFDCA requires EPA 

to give special consideration to 

exposure of infants and children to the 

pesticide chemical residue in 

establishing a tolerance and to ‘‘ensure 

that there is a reasonable certainty that 

no harm will result to infants and 

children from aggregate exposure to the 

pesticide chemical residue. . . .’’

Section 18 of the FIFRA authorizes 

EPA to exempt any Federal or State 

agency from any provision of FIFRA, if 

EPA determines that ‘‘emergency 

conditions exist which require such 

exemption.’’ This provision was not 

amended by the Food Quality Protection 

Act of 1996 (FQPA). EPA has 

established regulations governing such 

emergency exemptions in 40 CFR part 

166. 

III. Emergency Exemption for 

Fenamidone on Carrot and FFDCA 

Tolerances 

The applicant stated that the only 

registered fungicide treatment for 

controlling cavity spot in carrots in 

southern California appears to be losing 

efficacy due to the development of 

resistant isolates of the fungal pathogen 

to the only registered fungicide. Data 

was submitted showing yield and 

significant economic losses have 

occurred and are expected to recur 

without this requested emergency 

exemption use. EPA has authorized 

under FIFRA section 18 the use of 

fenamidone on carrots for control of 

cavity spot in California. After having 

reviewed the submission, EPA concurs 

that emergency conditions exist for this 

State. 

As part of its assessment of this 

emergency exemption, EPA assessed the 

potential risks presented by residues of 

fenamidone in or on carrots. In doing so, 

EPA considered the safety standard in 

section 408(b)(2) of the FFDCA, and 

EPA decided that the necessary 

tolerance under section 408(l)(6) of the 

FFDCA would be consistent with the 

safety standard and with FIFRA section 

18. Consistent with the need to move 

quickly on the emergency exemption in 

order to address an urgent non-routine 

situation and to ensure that the resulting 

food is safe and lawful, EPA is issuing 

this tolerance without notice and 

opportunity for public comment as 

provided in section 408(l)(6) of the 

FFDCA. Although this tolerance expires 

and is revoked on December 31, 2009, 

under section 408(l)(5) of the FFDCA, 

residues of the pesticide not in excess 

of the amounts specified in the 

tolerance remaining in or on carrot after 

that date will not be unlawful, provided 

the pesticide is applied in a manner that 

was lawful under FIFRA, and the 

residues do not exceed a level that was 

authorized by this tolerance at the time 

of that application. EPA will take action 

to revoke this tolerance earlier if any 

experience with, scientific data on, or 

other relevant information on this 

pesticide indicate that the residues are 

not safe. 

Because this tolerance is being 

approved under emergency conditions, 

EPA has not made any decisions about 

whether fenamidone meets EPA’s 

registration requirements for use on 

carrot or whether a permanent tolerance 

for this use would be appropriate. 

Under these circumstances, EPA does 

not believe that this tolerance serves as 

a basis for registration of fenamidone by 

a State for special local needs under 

FIFRA section 24(c). Nor does this 

tolerance serve as the basis for any State 

other than California to use this 

pesticide on this crop under section 18 

of FIFRA without following all 

provisions of EPA’s regulations 

implementing FIFRA section 18 as 

identified in 40 CFR part 166. For 

additional information regarding the 

emergency exemption for fenamidone, 

contact the Agency’s Registration 

Division at the address provided under 

FOR FURTHER INFORMATION CONTACT. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

EPA performs a number of analyses to 

determine the risks from aggregate 

exposure to pesticide residues. For 

further discussion of the regulatory 

requirements of section 408 of the 

FFDCA and a complete description of 

the risk assessment process, see http:// 

www.epa.gov/fedrgstr/EPA-PEST/1997/ 

November/Day-26/p30948.htm. 

Consistent with section 408(b)(2)(D) 

of the FFDCA, EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action. EPA has sufficient data to assess 

the hazards of fenamidone and to make 

a determination on aggregate exposure, 

consistent with section 408(b)(2) of the 

FFDCA, for a time-limited tolerance for 

residues of fenamidone in or on carrot 

at 0.20 ppm. 

On September 29, 2004 the Agency 

published a Final Rule (69 FR 58058, 

FRL–7681–3) establishing tolerances for 

residues of fenamidone (4H-imidazol-4- 

one, 3,5-dihydro-5-methyl-2- 

(methylthio)-5-phenyl-3-(phenylamino), 

(S)-) in or on garlic, bulb; garlic, great 

headed; grape (imported); leek; onion, 

dry bulb; onion, green; onion, welsh; 

shallot, bulb; shallot, fresh leaves; 

tomato; tomato, paste; tomato, puree; 

vegetable, cucurbit, group 09; vegetable, 

tuberous and corm, subgroup 01C and 

establishing tolerances for combined 

residues of fenamidone (4H-imidazol-4- 

one, 3,5-dihydro-5-methyl-2- 

(methylthio)-5-phenyl-3-(phenylamino), 

(S)-) and its metabolite RPA 717879 

(2,4-imidazolidinedione, 5-methyl-5- 

phenyl) in or on fat (beef, goat, and 

sheep); meat (beef, goat, and sheep); 

meat byproducts (beef, goat, and sheep); 

milk; wheat, grain; wheat forage; wheat, 

hay; and wheat, straw. Refer to the 

September 29, 2004 Federal Register 

document for a detailed discussion of 

the aggregate risk assessments and 

determination of safety. EPA relies upon 

those risk assessments, hazard 

selections, and related findings and 

assumptions made in that Federal 

Register document in support of this 

action. 

Relying upon the 2004 risk 

assessment detailed in the September 

29, 2004 Federal Register document, the 

Agency calculated the additional dietary 

risk from fenamidone residues on 

carrots in association with the requested 

emergency exemption and at a residue 

level of 0.2 ppm. Acute dietary exposure 


rwilkins on PROD1PC63 with RULES_1
55292 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Rules and Regulations 

from this use is estimated to utilize an 

additional 1% of the aPAD for the 

general U.S. population, and a 

negligible contribution to the aPAD for 

children 1-2 years old, the most highly 

exposed population subgroup on an 

aggregate basis. Aggregate acute 

exposure for registered uses, including 

drinking water, and this use on carrot is 

estimated to utilize 17% of the aPAD for 

the general U.S. population, and 24% of 

the aPAD for children 1-2 years old, the 

most highly exposed population 

subgroup. 

Chronic dietary exposure for this use 

is estimated to utilize an additional 7% 

of the cPAD for the general U.S. 

population, and an additional 13% of 

the cPAD for children 1-2 years old, the 

most highly exposed population 

subgroup. Aggregate chronic exposure 

for registered uses, including drinking 

water, and the proposed use on carrot is 

estimated to utilize 36% of the cPAD for 

the general U.S. population, and 82% of 

the cPAD for children 1-2 years old, the 

most highly exposed population 

subgroup. 

Establishing the carrot tolerance will 

increase some of the most recent 

estimated aggregate risks resulting from 

use of fenamidone, as discussed in the 

September 29, 2004 Federal Register. 

However, all estimated risks are still 

below levels of concern. Therefore, 

based on this incremental risk 

assessment, and the risk assessment 

discussed in the final rule published in 

the Federal Register of September 29, 

2004, EPA concludes that there is a 

reasonable certainty that no harm will 

result to the general population, and to 

infants and children from aggregate 

exposure to fenamidone residues. 

V. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

is available to enforce the tolerance 

expression. The Registrant of 

fenamidone has proposed a liquid 

chromatograph/mass spectroscopy (LC/ 

MS) method for the enforcement of the 

plant tolerances (the method does not 

distinguish the S- and R-enantiomers). 

Adequate method validation, 

radiovalidation, and independent 

method validation (ILV) of the proposed 

enforcement method have been 

submitted. 

The method may be requested from: 

Chief, Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755-5350; 

telephone number: (410) 305-2905; email address: residuemethods@epa.gov. 

B. International Residue Limits 

There are currently no established 

Codex, Canadian, or Mexican maximum 

residue limits (MRLs) for fenamidone in 

or on carrot; therefore, harmonization is 

not an issue for this action. 

VI. Conclusion 

Therefore, the time-limited tolerance 

is established for residues of 

fenamidone, (4H-imidazol-4-one, 3,5- 

dihydro-5-methyl-2-(methylthio)-5- 

phenyl-3-(phenylamino), (S)-), in or on 

carrot at 0.20 ppm. 

VII. Statutory and Executive Order 

Reviews 

This final rule establishes a timelimited tolerance under section 408 of 

the FFDCA. The Office of Management 

and Budget (OMB) has exempted these 

types of actions from review under 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993). Because this 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this rule is not 

subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., or impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104-4). Nor does it require any 

special considerations under Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994); or OMB review or any Agency 

action under Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104-113, section 

12(d) (15 U.S.C. 272 note). Since 

tolerances and exemptions that are 

established on the basis of a FIFRA 

section 18 exemption under section 408 

of the FFDCA, such as the tolerance in 

this final rule, do not require the 

issuance of a proposed rule, the 

requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of the 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VIII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 


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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Rules and Regulations 55293 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 12, 2006. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.579 is amended by 

adding text and a table to paragraph (b) 

to read as follows: 

§ 180.579 Fenamidone; tolerances for 

residues. 

* * * * * 

(b) Section 18 emergency exemptions. 

A time-limited tolerance is established 

for residues of the fungicide 

fenamidone, (4H-imidazol-4-one, 3,5- 

dihydro-5-methyl-2-(methylthio)-5- 

phenyl-3-(phenylamino), (S)-) in 

connection with use of the pesticide 

under a section 18 emergency 

exemption granted by EPA. The 

tolerance will expire and is revoked on 

the date specified in the following table: 

Commodity Parts per million Expiration/revocation date 

Carrot ........................................................................................................................................................... 0.20 12/31/2009 

[FR Doc. 06–7956 Filed 9–21–06; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2005–0053; FRL–8093–9] 

Fenbuconazole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for combined residues of 

fenbuconazole, a–(2–(4–chlorophenyl)–

ethyl)–a–phenyl–3–(1H–1,2,4–triazole)–

1–propanenitrile, and its metabolites 

RH–9129, cis–5–(4–chlorophenyl)–

dihydro–3–phenyl–3–(1H–1,2,4–

triazole–1–ylmethyl)–2–3H–furanone, 

and RH–9130, trans–5–(4–

chlorophenyl)–dihydro–3–phenyl–3–

(1H–1,2,4–triazole–1–ylmethyl)–2–3H–

furanone, in or on almond; almond, 

hulls; apple; apple wet pomace; banana; 

beet, sugar, dried pulp; beet, sugar, 

molasses; beet, sugar, roots; beet, sugar, 

tops; bushberry subgroup 13B; cattle, 

meat byproducts; citrus, dried pulp; 

citrus, oil; cranberry; fruit, citrus, group 

10; fruit, stone, group 12; goat, meat 

byproducts; grain, aspirated fractions; 

grape; horse, meat byproducts; peanut; 

pecan; sheep, meat byproducts; wheat, 

forage; wheat, grain; wheat, hay; and 

wheat, straw. EPA is also deleting 

several existing tolerances that are no 

longer needed as a result of this action. 

Dow AgroSciences requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), as 

amended by the Food Quality Protection 

Act of 1996 (FQPA). 

DATES: This regulation is effective 

September 22, 2006. Objections and 

requests for hearings must be received 

on or before November 21, 2006, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2005–0053. All documents in the 

docket are listed in the index for the 

docket. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–

4400, One Potomac Yard (South 

Building), 2777 S. Crystal Drive, 

Arlington, VA. The Docket Facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket telephone number 

is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Tony Kish, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9443; e–mail address: 

kish.tony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS 111), e.g., 

agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS 112), 

e.g., cattle ranchers and farmers, dairy 

cattle farmers, livestock farmers. 

• Food manufacturing (NAICS 311), 

e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 


rwilkins on PROD1PC63 with RULES_1